Performance Improvement Policy
MRTC Performance Improvement Policy
Purpose and scope 2
Principles 2
Informal feedback 2
Process 3
Appeals 5
Rescheduled meetings 5
Right to be accompanied 5
Confidentiality and data protection 6
Purpose and Scope
This procedure is designed to help and encourage employees to achieve and maintain standards of job performance which are acceptable to the council. The aim is to ensure consistent and fair treatment for all.
This document:
• Supports both us and you to bring about positive changes in work performance and attitude, when needed, and,
• Explains how we will deal with instances of performance that fall below our standards, in a fair and consistent way.
It applies to all staff following successful completion of a probationary period, whether full time, part time or temporary. It does not apply to volunteers or agency staff.
Principles
• Informal coaching and supervision will be considered to improve performance
• No formal warnings will be given until the causes of poor performance have been considered
• For formal warnings you will be advised of the nature of the poor performance and will be given the opportunity to state your case at a formal performance improvement meeting before any decision is made
• You will be provided, where appropriate, with copies of examples of poor performance in advance of a formal performance improvement meeting
• At all formal stages of the procedure you will have the right to be accompanied by a fellow employee or trade union representative
• You will have the right to appeal against any formal warnings issued
Where poor performance is believed to be the result of deliberate negligence, or where serious errors have been made to the detriment of the council, we may decide to use our disciplinary procedure instead.
Informal feedback
Before this procedure is engaged, you will receive feedback setting out the concerns about your performance and how it must improve. This procedure is designed to be used when such informal discussions do not lead to an improvement in your performance to an acceptable level.
Process
Where informal discussions have not led to an improvement in performance, the council will follow the following procedure.
First stage of formal procedure - first written warning
You will be invited to a formal meeting during which your performance will be discussed. The letter inviting you to attend will give examples of what the council considers to be poor performance; and advise you of your right to be accompanied at the meeting.
At the meeting, you will be given the opportunity to respond; the causes of the poor performance will be considered; and where training and development is appropriate this will be considered.
Having listened to your response, you may be issued with a first written warning for unsatisfactory performance if your performance does not meet acceptable standards. This will set out: -
• The performance problem
• The improvement that is required
• The timescales
• Any help that may be given
• The right of appeal
• You will be advised that it constitutes the first stage of the formal procedure and
• That the warning will remain on your file for 12 months.
A record of the warning will be kept on your file.
If your performance improves to an acceptable level following the first meeting, the council will meet with you to confirm that your performance is now satisfactory. This will be confirmed in writing to you. Providing that satisfactory improvement is sustained, the warning will be disregarded after 12 months for the purposes of providing an employment reference. However, the warning will be considered again if the poor performance re-starts.
Second stage of formal procedure - final written warning
If the concerns about your performance continue, you will be invited to a second formal meeting during which your performance will be discussed. The letter inviting you to attend will give examples of what the council considers to be poor performance; and advise you of your right to be accompanied at the meeting.
At the meeting, we will discuss the progress made following the first meeting and you will be given the opportunity to respond; and where training and development is appropriate this will be considered.
Having listened to your response, if your performance hasn’t improved to a satisfactory level, you may be issued with a final written warning for unsatisfactory performance. This will set out: -
• The performance problem
• The improvement that is required
• The timescale
• Any help that may be given
• The right of appeal
• That the warning will remain on your file for 12 months
• Advise you that it constitutes the final written warning and will also warn that failure to improve may lead to dismissal
A record of the warning will be kept on your file.
If your performance improves to acceptable level following the second meeting, the council will meet with you to confirm that your performance is now satisfactory. This will be confirmed in writing to you. Providing that satisfactory improvement is sustained, the warning will be disregarded after 12 months for the purposes of providing an employment reference. However, the warning will be considered again if the poor performance re-starts.
Final stage of formal procedure – dismissal
If the concerns about your performance continue, you will be invited to a formal meeting during which your performance will be discussed. The letter inviting you to attend will give examples of what the council considers to be poor performance; and advise you of your right to be accompanied at the meeting. The letter will also advise you that dismissal may be considered.
At the meeting, we will discuss the progress made following the second meeting and you will be given the opportunity to respond. Having listened to your response, if your performance hasn’t improved to a satisfactory level, dismissal will be considered, or where appropriate redeployment to an alternative role.
Any offer to redeploy you will be entirely at the council’s discretion. Such an offer will be made only where there is a vacancy that we are confident you would be able to perform to a satisfactory level. The alternative job may be on different terms of employment. It will normally be offered only as an alternative to dismissal in circumstances in which we are satisfied that you should no longer be allowed to continue to work in your current role. While you will be free to refuse any offer of redeployment, the only alternative available will usually be dismissal.
If the council believes that there is no alternative role available and suitable for you, but that you have not met an acceptable standard of performance, we may decide to dismiss. Any dismissal will be with full notice or payment in lieu of notice.
If the decision to dismiss is taken, you will be provided in writing with;
• Reasons for dismissal
• The date on which the employment will terminate
• The right of appeal
Appeals
If you wish to appeal against a formal warning or dismissal you must do so by writing to the Clerk within five working days. The Clerk will arrange for an appeal meeting to take place. Wherever possible, your appeal will be heard by the Clerk or a subcommittee made up of councillors who have not previously been involved in the matter.
You have the right to be accompanied at the appeal meeting by either a work colleague or a trade union representative. At the appeal hearing, the decision to impose the sanction will be reviewed and you will be entitled to make representations about the appropriateness of that decision.
The outcome of the appeal will be confirmed to you in writing, explaining the grounds on which the decision was reached. The outcome of the appeal will be final.
Rescheduled meetings
If you fail to attend a scheduled Performance Improvement Meeting without satisfactory reason, we will reschedule the meeting. We will advise you that if you do not attend the rescheduled meeting without a satisfactory reason, we reserve the right to make a decision in your absence. We will however confirm that if you do not wish to attend the hearing, you may send written representations, join the hearing by telephone or send a representative on your behalf.
Right to be accompanied
You have the right to be accompanied by a work colleague or a Trade Union representative to all formal meetings in this procedure. The council will also consider requests to be accompanied to any investigation meetings.
A work colleague will be allowed time off to accompany you to the meeting and the council will support any work colleague who agrees to be a companion. A companion must feel able to agree to the request on the basis that they will not be treated to any detriment if they accept. However, the companion can decline a request.
It is your responsibility to ensure your companion is aware of the meeting arrangements and that they have any documentation in good time. If your chosen companion is not available at the time proposed for the meeting, you must provide us with alternative dates that you are both able to meet. These dates must be within the following five working days unless the council can agree to alternative arrangements.
If you and your representative are unable to meet with the council within a reasonable time, we will discuss alternative arrangements to enable you respond to the concerns. If we are unable to meet with you personally, this may mean that the council considers the concerns in your absence with your companion attending on your behalf or considering a written response.
Confidentiality and data protection
We aim to deal with performance improvement matters sensitively and with respect for the privacy of the individuals involved. All staff must treat as confidential any information communicated to them in connection with a performance improvement matter.
A written record of all meetings conducted under this procedure will be made, either by the person holding the meeting or by an additional person arranged by the council to take notes.
The council processes any personal data collected during the performance improvement procedure in accordance with its data protection policy and privacy notice as issued to our employees. Any data collected is held securely and accessed by, and disclosed to, individuals only for the purposes of completing the performance improvement procedure.
Inappropriate access or disclosure of employee data constitutes a data breach and should be reported in accordance with the organisation's data protection policy immediately. It may also constitute a disciplinary offence, which will be dealt with under the disciplinary procedure.
This is a non-contractual procedure which will be reviewed from time to time.
Date of policy: 11th March 2020
Approving committee: HR Committee
Date of committee meeting:11th March 2020
Policy version reference:1
Policy effective from: Adoption by Full Council July 2020
Reviewed and readopted 11th May 2022- Next review 10th May 2023